HomeMy WebLinkAboutCouncil - 2009-08-24COUNCIL MINUTES
AUGUST 24, 2009 CITY OF KITCHENER
The Council of the City of Kitchener met this date with all members present.
The meeting began with the singing of "O Canada" by Maya Deutschlander, King School of Vocal.
On motion by Councillor J. Gazzola, the minutes of the regular meeting held June 29, 2009 and
special meetings held June 29 & August 10, 2009 as mailed to the Mayor and Councillors, were
accepted.
COMMUNICATION REFERRED DIRECTLY TO FILE -
(a) Letter dated July 7, 2009, from E. Witmer, MPP -Kitchener-Waterloo, acknowledging receipt of
Council's resolution regarding endorsement of the City of Cornwall's appeal to the Province for
exemption of the rental of recreation facilities and registration fees for minor sports from the
proposed Harmonized Sales Tax.
Mayor C. Zehr noted that the presentation listed on the Council agenda as Item 4.a), is to be given by
Mr. R. Regier, Executive Director of Economic Development, at the end of the meeting.
Alicia and Andrew Bennett attended in support of the Committee of Adjustment decision, listed as
Item B.8v) on the Committee of the Whole agenda, dealing with approval of Fence Variance
Application, Submission No. FN 2009-008 (365 Village Crescent).
Moved by Councillor G. Lorentz
Seconded by Councillor C. Weylie
"That the application of Alicia & Andrew Bennett requesting permission to construct a 1.82
metre (6 foot) high wooden fence to be located 0.6 metres (2 feet) from the side lot line
abutting Stonybrook Drive, rather than the required 1.5m (4.9'), on Lot 76, Registered Plan
1122, 365 Village Crescent, Kitchener Ontario, BE APPROVED, subject to the following
conditions:
That the variance as approved in this application shall apply only to the fence as shown
on the revised site plan submitted to the Committee of Adjustment on Tuesday August
18, 2009.
2. That the owners shall receive approval of a landscaping plan from the Planning Division
for landscaping to be installed between the fence and the side lot line, with all approved
landscaping to be installed no later than September 30, 2010."
Carried.
Lionel and Rosa Legault were registered to speak to the Committee of Adjustment decision, listed as
Item B.8i) on the Committee of the Whole agenda, dealing with approval of Fence Variance
Application, Submission No. FN 2009-005 (75 Ripley Crescent). Councillor G. Lorentz advised that
the Legaults were unable to attend this date; however, he had spoken with Mr. Legault and visited
their property to view the fence in question. Councillor Lorentz commented that the property owner
has lived at this location for approximately 20 years without any complaint or concerns over the fence.
The owner undertook to do due diligence by applying to the Committee of Adjustment, hoping to have
the fence legalized as it is, but is now faced with additional costs if required to meet the Committee's
condition to remove and replace a portion of the fence with wrought iron. Councillor Lorentz indicated
that having viewed the current situation, he could see no problem with the fence. He noted that
Ripley Crescent is a quiet street with minimal traffic and asked that consideration be given to
approving the application without condition.
Councillor J. Gazzola requested further clarification in respect to the conditions imposed. Mr. J.
Willmer, Interim General Manager, Development & Technical Services, advised that at issue is a solid
wood fence abutting a driveway and sidewalk and the potential danger it poses in obstructing the
view of approaching pedestrians. Councillor Gazzola suggested that this is a legitimate concern and
questioned why the condition would be deemed unreasonable. Councillor Lorentz reiterated that
there are additional costs associated in meeting the condition and suggested it is unreasonable given
the fence has existed for the past 20 years without complaint or concern.
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AUGUST 24, 2009 - 219 - CITY OF KITCHENER
Moved by Councillor G. Lorentz
Seconded by Councillor J. Smola
"That the application of Lionel & Rosa Legault (FN 2009-005 - 75 Ripley Crescent) requesting
legalization of an existing 1.82 m (6') high wooden fence located 0.25m (0.82') from the
exterior side lot line (abutting Ripley Crescent) rather than the required 1.5m (4.92') from the
exterior side lot line; and, legalization of a 1.82m (6') high chain link or wrought iron fence to be
located within the 4.57m (15') driveway visibility triangle, on Lot 107, Registered Plan 1384, 75
Ripley Crescent, Kitchener, Ontario, BE APPROVED."
Carried.
Mr. L. Bensason, Interim Manager of Long Range & Policy Planning, attended to speak to Item 7. b)
under Unfinished Business on the Council agenda, dealing with a deferral from the June 29 Council
meeting of the proposed listing of 300 Breithaupt Street / 72 St. Leger Street and 628 New Dundee
Road on the Municipal Heritage Register (MHR) as non-designated properties of cultural heritage
value or interest. Following subsequent discussion with the owner of 628 New Dundee Road, staff
support removal of reference to the barn and drive shed from the Statement of Significance, and
specifying only the farmhouse. Staff had responded to the concerns raised by the owner of 300
Breithaupt Street / 72 St. Leger Street, revising the listing so as to limit the area of interest in the
Statement of Significance to the original c.1912 building only. Mr. Bensason advised that an
invitation was extended to the owner to further discuss his concerns; however, no further
communication was received from the owner following the June 29 Council meeting.
In response to questions, Mr. Bensason further clarified the circumstances under which staff may ask
for a Heritage Impact Assessment (HIA) or Conservation District Plan to be completed and in respect
to bringing forward 628 New Dundee Road at this time, he pointed out that Council had directed staff
to give priority review to rural and outlying areas that may be subject to future development with the
goal to be proactive in identifying such properties that may be of heritage cultural value or interest.
Mr. P. Vos, property owner, advised that he was in agreement with staff's recommendation
concerning 628 New Dundee Road, as revised to remove reference to the barn and drive shed.
Moved by Councillor J. Gazzola
Seconded by Councillor G. Lorentz
"That pursuant to Section 27 of the Ontario Heritage Act, 300 Breithaupt Street / 72 St. Leger
Street (circa 1912 portion only), be listed on the Municipal Heritage Register as a non-
designated property of cultural heritage value or interest, in accordance with the Statement of
Significance attached as Appendix 'A' to Development and Technical Services Department
report DTS-09-072."
Carried.
Moved by Councillor J. Gazzola
Seconded by Councillor G. Lorentz
"That pursuant to Section 27 of the Ontario Heritage Act, 628 New Dundee Road, be listed on
the Municipal Heritage Register as anon-designated property of cultural heritage value or
interest, in accordance with the Statement of Significance attached as Appendix 'A' to
Development and Technical Services Department report DTS-09-072 and as revised to
remove reference to the barn and drive shed to specify the farmhouse only."
Carried.
Mr. L. Bensason then spoke to Item 7.a) under Unfinished Business on the Council agenda, dealing
with deferral of the proposed identification of 393-411 Queen Street South (Barra Castle) as a
property of very high cultural value or interest for the purpose of enforcement under the Property
Standards for Maintenance and Occupancy By-law.
Council considered Development & Technical Services Department report DTS-09-130, dated August
19, 2009, in respect to this matter, which recommends further deferral to the September 14, 2009
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AUGUST 24, 2009 - 220 - CITY OF KITCHENER
special Council meeting to allow consideration and recommendation of Heritage Kitchener of a
Heritage Permit Application proposing to demolish a portion of the subject building.
Mr. Bensason advised that the building has been secured, is being monitored and an engineering
report promised by the purchaser has been submitted for review by City staff. The alteration
application is to be considered by Heritage Kitchener on September 1, 2009 and staff is of the opinion
it would be prudent for Council to consider staff and Heritage Kitchener's recommendation on the
alteration application at the same time as the issue of the proposed classification.
Mr. Paul Puopolo, purchaser, attended in support of the request for further deferral of this matter,
advising that in respect to the alteration application, the rear portion of the building was found not to
be structurally sound and is proposed to be demolished; while the front of the building is in better
structural condition and is to be retained.
Moved by Councillor J. Gazzola
Seconded by Councillor C. Weylie
"That the following recommendation be deferred to the September 14, 2009 special Council
meeting, to provide Council the opportunity to consider the recommendations of staff and the
Heritage Kitchener Committee, regarding a Heritage Permit Application which proposes the
partial demolition of the Barra Castle building:
'That the property municipally addressed 393-411 Queen Street South (commonly
known as the Barra Castle) and located within the Victoria Park Heritage Conservation
District, be identified as a property of very high cultural heritage value or interest, for the
purpose of enforcement under the Property Standards for Maintenance and Occupancy
by-law, as outlined in Development and Technical Services Department report DTS 09-
073. "'
Carried.
Councillor J. Smola assumed the Chair at this time
MOTION FOR RECONSIDERATION
Mayor C. Zehr advised that he had given notice at the August 10, 2009 Development & Technical
Services Committee meeting that he would introduce a motion this date to reconsider Council's
decision of June 29, 2009 concerning Demolition Control Application DC 09/07/K/AP (510 Krug
Street), for the purpose of removing the conditions imposed.
Mr. Paul Grominsky, property owner, attended in support of the request for reconsideration and to
answer any questions.
Council was also in receipt this date of an a-mail transmission, dated August 24, 2009, from an
abutting property owner expressing support for the demolition / remediation proposal for 510 Krug
Street.
Moved by Mayor C. Zehr
Seconded by Councillor G. Lorentz
"That Council re-consider its June 29, 2009 decision to give conditional approval to Demolition
Control Application DC 09/07/K/AP (510 Krug Street)."
Carried, with required 2/3 majority.
Mayor C. Zehr then assumed the Chair.
Moved by Councillor J. Smola
Seconded by Councillor K. Galloway
"That Demolition Control Application DC09/07/K/AP requesting permission to demolish one (1)
triplex dwelling located at 510 Krug Street, owned by Paul and Penny Grominsky, legally
described as Lot 170, Plan 841, be approved, without conditions."
Carried.
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Ms. R.M. King, resident, attended in support of Clause 6 of the Development & Technical Services
Committee report, dealing with an on-street parking prohibition on the east side of Mansion Street,
between Ellen and Lancaster Streets.
Moved by Councillor C. Weylie
Seconded by Councillor J. Gazzola
"That Clause 6 of the Development & Technical Services Committee report of this date be
adopted."
Carried.
Council considered Chief Administrative Officer's report CAO-09-042 (R. Regier), dated August 20,
2009, listed as Item B.13 on the Committee of the Whole agenda, dealing with a request by the
Waterloo Regional Labour Council to endorse a resolution concerning proposed changes to the
Government of Canada's Employment Insurance (EI) system.
Mr. L. Carter, Waterloo Regional Labour Council, attended in support of the recommendation
contained in report CAO-09-042.
At the request of Mayor C. Zehr, it was agreed to modify the recommendation so as to mirror the
resolution adopted by the Region of Waterloo by including a provision for the extension of EI benefits
Part 1 for workers while in approved training.
Moved by Councillor G. Lorentz
Seconded by Councillor B. Vrbanovic
"That the following motion on employment insurance reform, as approved by the Federation of
Canadian Municipalities at its 2009 annual conference and as amended to include provision for
extension of Employment Insurance Part 1 benefits for workers while in approved training, be
endorsed:
BE IT RESOLVED that the Government of Canada introduce the following changes to the EI
system to ensure all unemployed workers across Canada are treated equally:
a) allow more unemployed workers to be eligible for EI by reducing the number of hours of
work hours required to qualify; and,
b) eliminate regionalization of EI eligibility and benefits (which are tied to regional
unemployment rates) and moving towards a system which is based on a minimum
number of hours worked that would be the same across the country; and,
c) enhance benefits from current levels (55% of claimant's weekly average earnings); and,
d) eliminate the 2 week waiting period for EI; and,
e) extend EI Part 1 benefits while a worker is in approved training."
Carried Unanimously.
Mr. L. Gordon, Chief Purchasing Officer, was in attendance with respect to the tenders listed on the
Committee of the Whole agenda.
Councillor J. Gazzola raised concerns with respect to the expenditures associated with Expression of
Interest E09-065 (Consultant Services -City-wide Sanitary Sewer System Capacity Study) and was
advised that the end product will guide infrastructure planning /development decisions and enable the
City to facilitate development in a more effective and efficient manner. Councillor Gazzola advised he
could not support the proposed expenditure and asked that this matter be voted on separately.
Moved by Councillor G. Lorentz
Seconded by Councillor J. Smola
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AUGUST 24, 2009 - 222 - CITY OF KITCHENER
"That Expression of Interest E09-065, Consultant Services -City-Wide Sanitary Sewer System
Capacity Study, be awarded to AECOM Canada Ltd., Kitchener at their estimated fee of
$286,902., including a contingency of $24,840. and G.S.T., based on a satisfactory contract
being negotiated and an upset fee being established; and further,
That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City
Solicitor."
Carried.
Moved by Councillor G. Lorentz
Seconded by Councillor J. Gazzola
"That Tender T09-045, Make-Up Air Upgrades -Kitchener Memorial Auditorium Complex, be
awarded to Nelco Mechanical Limited, Kitchener at their tendered price of $168,525.,
including G.S.T."
- and -
"That Expression of Interest E09-058, Consultant Services -Melrose Avenue (Krug Street to
Stirling Avenue North), be awarded to McCormick Rankin Corporation, Kitchener at their
estimated fee of $202,578., including a contingency of $17,539. and G.S.T., based on a
satisfactory contract being negotiated and an upset fee being established; and further,
That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City
Solicitor."
- and -
"That Expression of Interest E09-040, Consultant Services -Stirling Avenue North (King Street
East to Weber Street East), be awarded to IBI Group, Waterloo at their estimated fee of
$161,095.94, including a contingency of $13,947.70 and G.S.T., based on a satisfactory
contract being negotiated and an upset fee being established; and further,
That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City
Solicitor."
- and -
"That Expression of Interest E09-059, Consultant Services -Borden Avenue North (King
Street East to Weber Street East), be awarded to Meritech Engineering, Cambridge at their
estimated fee of $127,658.69, including a contingency of $11,052.70 and G.S.T., based on a
satisfactory contract being negotiated and an upset fee being established; and further,
That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City
Solicitor."
- and -
"That Expression of Interest E09-078, Consultant Services -Springdale Sanitary Sewer
Construction (Springdale Drive to General Drive), be awarded to MTE Consultants Inc.,
Kitchener at their estimated fee of $54,824.96, including a contingency of $4,746.75 and
G.S.T., based on a satisfactory contract being negotiated and an upset fee being established;
and further,
That the Chief Purchasing Officer be authorized to execute an agreement satisfactory to the
City Solicitor."
- and -
"That Proposal P09-006, Preferred Supplier Agreement, The AUD and Golf Courses, be
awarded to Molson Canada, Toronto, Ontario at their adjusted proposed revenue amount to
the City of $145,000. for an initial eighteen (18) month period, with options for three (3)
additional one (1) year periods, subject to mutual agreement; and further,
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AUGUST 24, 2009 - 223 - CITY OF KITCHENER
That the Mayor and City Clerk be authorized to execute a contract satisfactory to the City
Solicitor."
- and -
"That Tender T09-062, Bridge Maintenance Program 2009, be awarded to Steed and Evans
Limited, St. Clements at their tendered price of $141,132.60, including provisional items and
contingencies of $27,970. and G.S.T."
- and -
"That Tender T09-048 -Three (3) Rubber Tired Four Wheel Drive Diesel Powered Articulated
Utility Tractors, complete to specification CKF-90-2009, be awarded to Cubex Limited,
Stoney Creek, Ontario, at their tendered price of $310,943.16, including G.S.T. & P.S.T., plus
optional salt and sand spreader at $17,452.66, including G.S.T. & P.S.T., plus optional front
mounted rotary mower at $65,427., including G.S.T. & P.S.T., plus optional snow blower at
$22,984.20, including G.S.T. & P.S.T., plus optional turf tires at $8,461.44, including G.S.T. &
P.S.T."
- and -
"That Tender T09-066, One (1) 72 kw (96 hp) Standard All Wheel Drive, Rubber Tired
Industrial Tractor with Front-End Loader and Extendable Backhoe, complete to specification
CKF-254-2009, be awarded to Nortrax Canada Inc., Cambridge, Ontario, at their tendered
price of $113,762.75, including G.S.T. & P.S.T., plus optional front mounted snow plow at
$15,243.70, including G.S.T. & P.S.T."
- and -
"That Expression of Interest E09-035, Consultant Services -Roofing, be awarded to IRC
Building Sciences Group Inc., London, Ontario at their estimated fee of $45,000. per year,
including G.S.T., for a three year period."
- and -
"That Tender T09-071, Gas Pipeline Construction, be awarded to Aecon Utilities, a Division
of Aecon Construction Group Inc., Toronto, Ontario at their tendered price of
$6,016,425.17, including contingencies of $954,988.12 and G.S.T., covering two construction
seasons ending on May 31St, 2011, with an option to renew for one additional construction
season; and further,
That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City
Solicitor."
Carried.
Moved by Councillor C. Weylie
Seconded by Councillor J. Gazzola
"That the report of the Development and Technical Services Committee be adopted."
Voted on Clause by Clause.
Clause 6 - Dealt with under Delegations and
Carried.
Balance of report -Carried.
Council then considered Corporate Services Department report CRPS-09-117 (R. Gosse), dated
August 19, 2009, listed as Item B.14 on the Committee of the Whole agenda, dealing with
establishment of the 2010 Council and Standing Committee meeting schedule.
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A motion by Councillor K. Galloway, seconded by Councillor B. Vrbanovic, was brought forward for
consideration to approve Option 2, as attached to report CRPS-09-117, as the 2010 Schedule of
Council and Standing Committee meetings.
Mayor C. Zehr requested clarification as to the reason for scheduling Standing Committees on
November 22 and Council on November 29, 2010 rather than on November 15 and 22 respectively.
Mr. R. Gosse, City Clerk, explained that no meetings are planned for Monday, November 15 as the
week prior staff will be involved in conducting the 2010 municipal election, and the November 11
Statutory Holiday also falls in the week of the election. Mr. Gosse advised that given these
circumstances it would be difficult for staff to prepare reports and finalize agendas in the week prior to
November 15.
Mayor C. Zehr noted that there is also atwo-week period free of meetings prior to the 2010 municipal
election. He commented that the increased size of Council in 2010 will require refurbishing of the
Councillors' offices and suggested that time may be needed toward the end of November, prior to the
Inaugural to accomplish this task. Mr. Gosse advised that in the two weeks prior to Election Day,
approximately 8 days of advance voting is planned that will also require commitment of staff's time.
Moved by Councillor K. Galloway
Seconded by Councillor B. Vrbanovic
"That Option 2, attached to Corporate Services Department report CRPS-09-117 dated August
19, 2009, be approved as the 2010 schedule of Council and Standing Committee meetings."
Carried.
Moved by Councillor B. Vrbanovic
Seconded by Councillor J. Smola
"That the report of the Finance and Corporate Services Committee be adopted."
Council considered this date Community Services Department report CSD-09-047 (C. York), dated
August 13, 2009, concerning Clause 8 of the report dealing with approval of public art work for the
parking garage at Charles & Benton Streets. The report provides a response from the artist to the
concerns raised regarding vulnerability of the street-level figure to vandalism. The artist expressed
the view that the materials used in the artwork, the high-profile location, designated street lighting and
regular pedestrian traffic flow will act as deterrents to vandalism; and stressed the importance of
including the sidewalk figure to complete the installation as envisioned.
In respect to Clause 10 of the Finance and Corporate Services Committee report concerning the
2010 budget process, it was agreed to revise the budget timetable to provide that the 2010 Operating
Budget meeting would be scheduled for December 7, 2009 rather than December 14, 2009, and the
Final Budget Meeting Day would be scheduled for January 18, 2010 rather than January 11, 2010.
The Finance and Corporate Services Committee report was then voted on Clause by Clause.
Clause 10 -Carried, as amended, on a recorded
vote.
In Favour: Mayor C. Zehr and Councillors G.
Lorentz, J. Smola, K. Galloway, B. Vrbanovic and
C. Weylie
Contra: Councillor J. Gazzola
Balance of report -Carried.
Councillor G. Lorentz referred to a recent newspaper article announcing a proposal to be considered
by the Waterloo Regional Police Services Board that would provide mounted police patrols in the
Region of Waterloo. He asked that a letter be forwarded from the Mayor's Office to convey Council's
support of this initiative in time for the Police Board's consideration at their September meeting.
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Moved by Councillor G. Lorentz
Seconded by Councillor B. Vrbanovic
"That an expression of support for the proposed mounted police patrols in the Region of
Waterloo be forwarded from the Mayor's Office, on behalf of Kitchener Council, to the Waterloo
Regional Police Services Board for their consideration at their September Board meeting."
Carried.
At the request of Councillor G. Lorentz, Mayor C. Zehr also agreed to have discussion at the Regional
level concerning recent technology that would provide for the recycling of mattress /box springs and
the potential to ban these materials from the Regional Landfill site in favour of a recycling process.
Councillor J. Gazzola referred to recent correspondence he had conveyed to Council and staff
concerning revisiting the establishment of an additional leash-free park for dogs in Kiwanis Park. He
acknowledged that staff was of the opinion it was not a good idea to re-open dialogue; however, he
advised that since then several residents have again approached him to inquire about the possibility
to discuss the matter further.
Ms. P. Houston, General Manager, Community Services Department, advised that in 2004 a process
of public consultation was undertaken and following substantial debate it was decided to proceed with
establishment of an additional leash-free area. City staff has now contracted for the work and
installation of a fence is imminent, if not already started. She suggested that it is not possible to
please everyone and was doubtful that further consultation would produce any change. Councillor
Gazzola noted that the community make-up has changed and those inquiring, question the need to
expend funds to install another fenced area. He asked that given the time lapse from the originating
decision if there is merit in revisiting this matter.
Councillor K. Galloway suggested that improving public communications as to when certain aspects
of the Kiwanis Park Master Plan will happen should be of more concern. She maintained that
establishing another leash-free area is important given the existing enclosure is already overcrowded.
Ms. Houston added that staff does receive many complaints of dogs running off-leash in the park
which has confirmed the need for an additional contained area. Councillor J. Smola agreed, noting
that he has also received numerous calls from constituents who would prefer a fenced area.
A motion by Councillor J. Gazzola to direct staff to stop construction of a fence that would establish
an additional leash-free area for dogs in Kiwanis Park, for a period of one month, for the purpose of
holding a neighbourhood meeting to further discuss the issue, was not voted on as it failed to receive
a seconder.
At the request of Mayor C. Zehr, it was agreed to direct Licensing staff to consider an alternate fee
structure for individual entrepreneurs as opposed to a set fee for all businesses and that this matter
be considered as part of the 2010 fees and charges budget deliberations.
Councillor C. Weylie advised that she had received numerous calls complaining about noise from an
event held in Victoria Park this past weekend. Mr. S. Turner, Director, By-law Enforcement, stated
that he was unaware of any complaints, noting that to his knowledge, none had been lodged with
Police as per the usual process for complaints. He agreed to follow-up with staff and respond back
directly to Council on this matter.
At the request of Councillor C. Weylie, Mr. S. Turner also agreed to provide information on over-night
parking regulations in other area municipalities, such as Waterloo, Cambridge and Guelph.
Moved by Councillor G. Lorentz
Seconded by Councillor B. Vrbanovic
"That leave be given the Mover and Seconder to introduce the following by-laws, namely:
(a) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of
motor vehicles on private property.
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AUGUST 24, 2009 - 226 - CITY OF KITCHENER
(b) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire
routes and to prohibit parking thereon.
(c) To further amend By-law No. 2008-117, being a by-law to authorize certain on-street and
off-street parking of vehicles for use by persons with a disability, and the issuing of permits
in respect thereof.
(d) Being a by-law to exempt certain lots from Part Lot Control -Block 2, Registered Plan
58M-367 -Zeller Drive
(e) Being a by-law to exempt certain lots from Part Lot Control -Lot 5, Registered Plan 58M-
474 -Iron Gate Street.
(f) Being a by-law to amend By-law 2007-152 to extend the time period for exemption from
Part Lot Control -Lot 29, 30, 32, 34, 35, 36, 66, 67, 70, 71, 74 and 75 and Part of Lots 31,
33, 37, 65, 69, 72, 73 and 76, Registered Plan 58M-327 -Brisbane Drive and Brisbane
Court.
(g) Being a by-law to amend By-law 2007-144 to extend the time period for exemption from
Part Lot Control -Lots 3, 4, 14, 32, 33, 34, 35, 36, 37 and 38 and Part of Lots 2, 13, 39,
40, 45 and 46, Registered Plan 58M-328 - Fallowfield Drive and Fallview Court.
(h) Being a by-law to assume certain lands within the City of Kitchener as a public highway.
(i) Being a by-law to provide for the widening of part of St. George Street as a public highway
in the City of Kitchener.
(j) Being a by-law to provide for the widening of part of Lang Crescent as a public highway in
the City of Kitchener.
(k) To confirm all actions and proceedings of the Council.
and that the same be taken as read a first time and stand referred to the Committee of the
Whole."
Carried.
On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and
Mayor C. Zehr appointed Councillor J. Gazzola as Chair.
On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair.
Moved by Councillor J. Gazzola
Seconded by Councillor G. Lorentz
"That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting
of the Committee of the Whole held this date, as attached hereto and forming part of these
minutes are hereby adopted and confirmed."
Carried.
Council considered Chief Administrative Officer's report CAO-09-041 (R. Regier), dated August 18,
2009, concerning installation of digital projectors to illuminate the 13m cube structure on top of the
City Hall tower.
Mr. R. Regier, Executive Director, Economic Development, advised that two Christie Digital projectors
have now been permanently installed and are operational, creating a new high profile venue to
showcase digital media and technology within the Downtown. The initiative serves to build on the
2007-2010 Economic Development Strategy by providing a new visual focus for the Downtown; a
new digital gallery for artists in the community; atest-bed for new digital projection applications and
content; and visual support for Downtown events. Mr. Regier thanked Christie Digital Systems
Canada, Inc. and all those who collaborated in this project, including CAFKA and various corporate
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partners; and extended an invitation to all those in attendance to congregate outside following
conclusion of this meeting to observe the projectors in operation.
Mr. G. Remers, President, Christie Digital Systems Canada, Inc., commented that Christie Digital is
pleased to support and be an advocate for the City of Kitchener in this project. He expressed the
opinion that this initiative symbolizes the art of collaboration and will be the digital media cornerstone
for future innovation.
Mayor C. Zehr thanked all those involved, expressing appreciation for the significant contributions of
all those who collaborated on this initiative and the visual impact it will have in the Downtown.
Moved by Councillor G. Lorentz
Seconded by Councillor B. Vrbanovic
"That the by-laws be given third reading, namely:
(a) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of
motor vehicles on private property.
(By-law No. 2009-111)
(b) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire
routes and to prohibit parking thereon.
(By-law No. 2009-112)
(c) To further amend By-law No. 2008-117, being a by-law to authorize certain on-street and
off-street parking of vehicles for use by persons with a disability, and the issuing of permits
in respect thereof.
(By-law No. 2009-113)
(d) Being a by-law to exempt certain lots from Part Lot Control -Block 2, Registered Plan
58M-367 -Zeller Drive
(By-law No. 2009-114)
(e) Being a by-law to exempt certain lots from Part Lot Control -Lot 5, Registered Plan 58M-
474 -Iron Gate Street.
(By-law No. 2009-115)
(f) Being a by-law to amend By-law 2007-152 to extend the time period for exemption from
Part Lot Control -Lot 29, 30, 32, 34, 35, 36, 66, 67, 70, 71, 74 and 75 and Part of Lots 31,
33, 37, 65, 69, 72, 73 and 76, Registered Plan 58M-327 -Brisbane Drive and Brisbane
Court.
(By-law No. 2009-116)
(g) Being a by-law to amend By-law 2007-144 to extend the time period for exemption from
Part Lot Control -Lots 3, 4, 14, 32, 33, 34, 35, 36, 37 and 38 and Part of Lots 2, 13, 39,
40, 45 and 46, Registered Plan 58M-328 - Fallowfield Drive and Fallview Court.
(By-law No. 2009-117)
(h) Being a by-law to assume certain lands within the City of Kitchener as a public highway.
(By-law No. 2009-118)
(i) Being a by-law to provide for the widening of part of St. George Street as a public highway
in the City of Kitchener.
(By-law No. 2009-119)
COUNCIL MINUTES
AUGUST 24, 2009 - 228 - CITY OF KITCHENER
(j) Being a by-law to provide for the widening of part of Lang Crescent as a public highway in
the City of Kitchener.
(By-law No. 2009-120)
(k) To confirm all actions and proceedings of the Council.
(By-law No. 2009-121)
be taken as read a third time, be finally passed and numbered serially by the Clerk."
Carried.
On motion, the meeting adjourned at 8:20 p. m.
MAYOR CLERK
COUNCIL MINUTES
AUGUST 24, 2009 - 229 - CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE -
That the closure of a portion of Howe Drive, representing an area of 1,331.4 m2, be approved
in principle, and that Legal Services be instructed to proceed with the preparation and
advertising of a by-law to close and convey that part of Howe Drive, subject to the following
conditions:
That the portion of Howe Drive to be closed, described as Part Lot 47, German
Company Tract, being Part 1 on Plan 58R-16350, in the City of Kitchener be declared
surplus to the City's needs for the purpose of conveying easements to Kitchener-Wilmot
Hydro and The Regional Municipality of Waterloo, upon closure of this part of Howe
Drive and the possible conveyance of the closed portion to the owner of the adjacent
lands.
2. That in the event of a conveyance of the closed portion of the Road, an easement be
reserved in favour of The Corporation of the City of Kitchener over the entire closed
portion of Howe Drive.
3. That the Mayor and Clerk be authorized to execute an Agreement of Purchase and
Sale, satisfactory to the City Solicitor, for the sale to the adjacent property owner,
should they so desire to purchase, that portion of Howe Drive, described as Part Lot 47,
G.C.T., being Part 1 on Plan 58R-16350, subject to easements in favour of The City of
Kitchener, The Regional Municipality of Waterloo, and Kitchener-Wilmot Hydro, for the
fair market value, appraised at $82,000.00, said Agreement to be conditional upon said
portion of Howe Drive being closed.
4. That pursuant to the Draft Plan of Subdivision Application 30T-04207, the Developer is
responsible for all the costs associated with the closure of that portion of Howe Drive,
including the reference plan, appraisals, advertising, by-law registration, easement
registrations, all Registry Office fees and disbursements, and Legal Services
administration fee and is responsible for the removal of the road surface of the road
allowance and these lands shall be landscaped at the Developer's expense to the
satisfaction of the City's Director of Transportation Planning; and further,
That the Mayor and Clerk be authorized to execute all documentation, satisfactory to the City
Solicitor, to convey the required easements over the entire portion of road being closed
together with all documents required for any possible conveyance.
That the Springdale Sanitary Pumping Station Replacement Class Environmental Assessment
Report prepared by MTE Consultants Inc., dated July 2009 be received; and,
That the Springdale Sanitary Pumping Station Replacement Class Environmental Assessment
Report be filed with the Ontario Ministry of the Environment for the mandatory thirty (30) day
review period as required by the Environmental Assessment Act; and further,
That staff commence the implementation of the recommendations of the Class EA, following
the thirty (30) day mandatory review period and Ontario Ministry of the Environment
acceptance of the study, through the Lift Station Replacement Account.
That staff initiate the Schedule "B" Class Environmental Assessment for Closure of a portion of
Old Huron Road and relocation of Old Huron Road cul-de-sac to accommodate developments
within this area; and,
That MTE Consultants Inc. be retained as the City's Engineering Consultant to undertake a
Schedule 'B' Class Environmental Assessment for the closure of Old Huron Road and
relocation of Old Huron Road cul-de-sac in accordance with the Municipal Code, Chapter 170,
Section 170.6.2, Fees of less than $20,000; and further,
COUNCIL MINUTES
AUGUST 24, 2009 - 230 - CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D)
3. (Cont'd)
That the Mayor and Clerk be authorized to execute an Engineering Agreement for the
provision of professional engineering services between the City of Kitchener and MTE
Consultants Inc. at a total cost of $19,000.00 including applicable taxes for completion of the
Schedule "B" Class Environmental Assessment for Closure of a portion of Old Huron Road and
relocation of Old Huron Road cul-de-sac project upon receipt of the necessary funds from
Hallman Construction Limited who are providing financing for this project.
4. That Demolition Control Application DC09/06/W/GS requesting permission to demolish one (1)
single detached dwelling located at 173 Woolner Drive (873 Fairway Road North), owned by
Christine Siu Ting Fung, legally described as PLAN 591 PT LOTS 12 RP 58R-14724 PT be
approved, without conditions.
5. That the existing No Stopping Monday to Friday 8:00 a. m. to 9:00 a. m., 11:30 a.m. to 1:30 p. m.
and 3:30 p. m. to 4:30 p. m. area on both sides of Marlborough Avenue from North Avenue to
the entrance to J.F. Carmichael Public School be amended to No Stopping Monday to Friday
8:00 a. m. to 4:30 p. m.; and further,
That the Uniform Traffic By-law be amended accordingly.
6. That on-street parking be prohibited from January 1st to March 31st of each year on the east
side of Mansion Street from a point 77 metres north of Ellen Street East to Lancaster Street
East; and further,
That the Uniform Traffic By-law be amended accordingly.
(Dealt with under Delegations and Carried)
7. That the Mayor and City Clerk be authorized to execute an amending agreement to extend its
existing Electricity Agency Retainer Agreement with ECNG Energy L. P. until Dec 31, 2010, on
terms satisfactory to the City Solicitor; and further,
That in subsequent years, the Director of Transportation Planning be authorized to execute
one year renewals of the Electricity Agency Retainer Agreement with ECNG Energy L. P., on
terms satisfactory to the City Solicitor.
8. That the existing traffic calming measures on Kingswood Drive, consisting of six (6) speed
humps and two (2) raised crosswalks from Strasburg Road to Block Line Road, remain in
place.
9. That the City enter into an agreement with the Regional Municipality of Waterloo with respect
to the installation, maintenance and operation of decorative street lights on Regional roads,
and that the Mayor and Clerk be authorized to execute such agreement subject to the
satisfaction of the City Solicitor.
10. That the City enter into an encroachment agreement with the Regional Municipality of
Waterloo with respect to the installation of shoring, public art and banners related to the
Charles & Benton Parking Garage, and that the Mayor and Clerk be authorized to execute
such agreement subject to the satisfaction of the City Solicitor.
11. That enforcement of the City's Zoning By-law be waived with respect to a retail use within a
building existing on August 10, 2009, at 1334 King Street East and temporary occupancy be
approved subject to the retail use vacating the location in the event the City-initiated Zone
Change (ZC09/08/COK/HH) to permit retail uses on the subject lands is not approved; and
further,
COUNCIL MINUTES
AUGUST 24, 2009 - 231 - CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D)
11. (Cont'd)
That in the event of failure to vacate, the City's Municipal By-law Enforcement Officer be
directed to commence notice of action to remove the illegal use and that any work done to the
premises be at the sole risk and responsibility of the owner in the event losses are incurred as
a result of final disposition of this application.
12. That the Mayor and Clerk be authorized to execute the 2009 Local Environmental Action Fund
(LEAF) legal agreements with the organizations granted monies from LEAF, all such legal
agreements to be subject to the satisfaction of the City Solicitor.
FINANCE & CORPORATE SERVICES COMMITTEE -
1. That Council Policy I-125 (Terms of Reference -Safe and Healthy Community Advisory
Committee) be repealed and replaced with the revised Policy I-125, dated June 26, 2009, as
attached to Community Services Department report CSD-09-043.
2. That the Community Gardens Licence Agreement template be amended as outlined in
Community Services Department report CSD-09-045; and further,
That the General Manager of Community Services, or designate, be authorized to execute
Community Gardens License Agreements, all such license agreements to be subject to the
satisfaction of the City Solicitor.
3. That the request of the K-W Hip Hop Expo Festival to sell refreshments and merchandise in
Civic Square on Saturday, September 5, 2009 be approved, provided the necessary licence is
obtained, including Health approval.
4. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted
to Waterloo Condominium Complex No. 364 at 84 Westmeadow Drive on August 29, 2009,
between the hours of 3:00 p. m. and 10:30 p. m., for a community party.
5. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted
to the Waterloo Pentecostal Assembly for their church picnic and barbecue to be held in
Kiwanis Park on Sunday, September 6, 2009, between the hours of 3:00 p. m. and 8:00 p. m.
6. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted
to K-W Oktoberfest Inc. for a series of events being held at various clubs between October 3
and October 17, 2009, as outlined in the letter from K-W Oktoberfest Inc., dated June 23,
2009, attached to Corporate Services Department report CRPS-09-105.
7. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted
to the Doon Pioneer Park Community Association for their annual outdoor concert and festival
to be held on September 26, 2009, between the hours of 2:00 p. m. and 10:00 p. m.
8. That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City
Solicitor, with Ted Fullerton for the commission and installation of his artwork entitled
"Pedestrian" at the Charles and Benton Parking Garage.
9. That the City of Kitchener's 1/3 share of funding for eligible project costs for approved
Recreational Infrastructure Canada projects be identified through the 2010 budget process and
funded within the 10 year Capital Forecast; and further,
That the following additional measure be approved to accelerate the implementation of
Stimulus Funding projects:
COUNCIL MINUTES
AUGUST 24, 2009 - 232 - CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
FINANCE & CORPORATE SERVICES COMMITTEE - (CONT'D)
(Cont'd)
• Storm Water Infrastructure Rehabilitation projects, involving drainage upgrades only, will be
delivered by general contractors under existing construction contracts through a standard
change order process as per purchasing guidelines.
10. That staff be directed to submit a 2010 tax based operating budget for consideration with an
increase below the rate of 3%, including the budget increase for EDIF, currently projected to
be 1.2%; and,
That staff and local boards be directed to prepare a tax based operating budget for 2010 that
• excludes any increases to discretionary expenditures;
• excludes any requests for additional staff unless previously approved and budgeted or
required by legislation;
• excludes program expansion requests unless previously approved and budgeted;
• removes the notional provision for 0.5% for strategic initiatives;
• includes across the board increases to user fees of 5.20% while providing additional
funding of $20,000. for leisure access card subsidies representing the third year of a three-
year phase in;
• strives to identify cuts to budgets to achieve a 2% ($1.8M) 2009 base budget reduction
while not compromising the long-term financial stability of the municipality; and,
That the 2010 budget meeting timetable outlined in Financial Services Department report FIN-
09-091 be approved, as amended to provide that the 2010 Operating Budget meeting will be
scheduled for Monday, December 7, 2009 and the final budget day meeting with be scheduled
for Monday, January 18, 2010; and further,
That the $9,525,000 20-year debenture issue approved for 2009 for the Charles/Benton
Parking Structure be deferred until substantially completion of the project in 2010.
(Carried, as Amended, on a recorded vote)
COUNCIL MINUTES
AUGUST 24, 2009 - 233 - CITY OF KITCHENER
COMMITTEE OF THE WHOLE
A. BY-LAWS LISTED ON THE AGENDA - 2ND READING -
It was resolved:
"That the by-laws considered by this Committee be taken as read a second time and be
recommended for enactment."
B. ADMINISTRATIVE REPORTS -
Various Tenders
Dealt with under Delegations.
2. Uncollectible Utility Accounts Write Off
Council considered Financial Services Department report FIN-09-106 (J. Evans), dated
August 24, 2009.
It was resolved:
"That Uncollectible Utility Accounts, amounting to $113,994.64 be written off against the
Allowance for Doubtful Sundry Receivables and the Allowance for Doubtful Utility
Receivables as outlined in Financial Services Department report FIN-09-106."
3. Uncollectible Receivables Write Off
Council considered Financial Services Department report FIN-09-107 (J. Evans), dated
August 10, 2009.
At the request of staff (e-mail transmission [D. Chapman], dated August 24, 2009), it
was agreed to revise the recommendation to exclude the $10,000. write off related to
marketing /creative services pending further dialogue with the City of Waterloo relative
to this matter.
It was resolved:
"That Uncollectible Receivables, as outlined in Financial Services Department report
FIN-09-107 save and except the $10,000. write off related to marketing /creative
services, be written off in the amount of $16,682.68 against the Allowance for Doubtful
Sundry Receivables and the Allowance for Doubtful Utility Receivables; and further,
That staff pursue discussions with the City of Waterloo and report by year-end 2009 on
any outstanding portion remaining unpaid relative to the amount owing for marketing /
creative services."
4. Applications for Cancellation, Refund, Reduction or Levy of Taxes
Council considered Financial Services Department report FIN-09-108 (J. Evans), dated
August 10, 2009.
It was resolved:
"That pursuant to Section 357 of the Municipal Act, the applications for cancellation,
reduction, refund or levy of taxes, totaling $117,552.07, as attached to Financial
Services Department report FIN-09-108, be approved."
COUNCIL MINUTES
AUGUST 24, 2009 - 234 - CITY OF KITCHENER
COMMITTEE OF THE WHOLE
B. ADMINISTRATIVE REPORTS - (CONT'D)
5. Council Policy I-77 -Compass Kitchener -Terms of Reference
Council considered Chief Administrator's Office report CAO-09-040 (S. Adams), dated
July 27, 2009.
It was resolved:
"That Council Policy I-77 (Compass Kitchener -Terms of Reference) be repealed and
replaced with the revised Policy I-77 attached to Chief Administrator's Office report
CAO-09-040, dated August 24, 2009."
6. Exemption to Chapter 450 (Noise) - K-W Hip Hop Expo Festival
Council considered Corporate Services Department report CRPS-09-110 (S. Turner),
dated August 12, 2009.
It was resolved:
"That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be
granted to the K-W Hip Hop Expo Festival for their special event on the Civic Square on
Saturday, September 5, 2009, between the hours of 4:00 P. M. and 10:00 P. M."
7. Exemption to Chapter 450 (Noise) -Westmount Neighbourhood Association
Council considered Corporate Services Department report CRPS-09-111 (S. Turner),
dated August 12, 2009.
It was resolved:
"That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be
granted to the Westmount Neighbourhood Association for their neighbourhood party to
be held in Argyle Park on Saturday, September 12, 2009, between the hours of 3:30
P. M. and 6:30 P. M., with a rain date of Sunday, September 13, 2009."
8. Committee of Adiustment Decisions
Council considered Corporate Services Department report CRPS-09-115 (D. Gilchrist),
dated August 18, 2009.
Fence Variance Applications, Submission Nos. FN 2009-005 (Lionel & Rosa Legault -
75 Ripley Crescent) and FN 2009-008 (Alicia & Andrew Bennett - 365 Village
Crescent), listed as Items 8 i) and v), were dealt with under Delegations.
Mr. J. Willmer, Interim General Manager, Development & Technical Services, spoke to
Fence Variance Application, Submission No. FN 2009-006 (Perry & Dianne Paquette -
2 Hidden Creek Drive), advising that in 2008 when Council dealt with the issue of non-
compliant corner lot fences, letters and enclosed pamphlets were circulated to all
property owners of corner lots explaining the by-law requirements for construction of a
fence. Mr. Willmer noted that the subject property owners were recipients of this
circulation and were aware of the by-law requirements prior to constructing a fence. In
2009, the owners did construct a fence which does not comply and are now asking for
Council's approval after the fact. He stated that unlike those dealt with in 2008, this
property owner knowingly contravened the requirements of the Fence By-law and it was
his opinion this application should be refused. Mr. Willmer added that staff had
recommended refusal to the Committee of Adjustment; however, the Committee chose
to approve with two conditions. He pointed out that the condition to reduce the height of
the fence applies only to a small portion of the fence and the space between the fence
and sidewalk is minimal which provides little opportunity for any substantial landscaping
COUNCIL MINUTES
AUGUST 24, 2009 - 235 - CITY OF KITCHENER
COMMITTEE OF THE WHOLE
B. ADMINISTRATIVE REPORTS - (CONT'D)
8. Committee of Adjustment Decisions (Cont'd)
as required under the second condition. Mr. Willmer re-emphasized that of particular
concern is the fact the property owner knowingly contravened the by-law.
It was resolved:
"That the application of Perry & Diane Paquette (FN 2009-006 - 2 Hidden Creek Drive)
requesting legalization of a 1.2m (4') high wooden fence, and a 1.52m (5') high wooden
fence located 0.15m (0.5') from the exterior side lot line (abutting Westforest Trail)
rather than the permitted 0.9m (2.95') from the exterior side lot line, on Lot 45,
Registered Plan 58M-52, 2 Hidden Creek Drive, Kitchener, Ontario, BE REFUSED."
- and -
"That the application of Kerry & Dawn Orser (FN 2009-007 - 120 Max Becker Drive)
requesting legalization of a 1.82m (6') high fence having a driveway visibility triangle of
2.44m (8') rather than the required 4.57m (15'), on Part Block 8, Registered Plan 58M-
172, being Part 98, Reference Plan 58R-12815, 120 Max Becker Drive, Kitchener,
Ontario, BE APPROVED, subject to the following conditions:
That the owners shall provide landscaping between the fence and the exterior
side lot line by June 1, 2010.
That if at any point in time the fence is required to be removed, the applicants
shall, at their expense, install temporary snow fencing in order not to compromise
safety around the pool, at their expense."
- and -
"That the application of Damian & Danielle Jaweski (FN 2009-009 - 4 Seabrook Drive)
requesting permission for a wooden fence of varying heights, to a maximum height of
2.2m (7.25'), located 0.61m (2') from the exterior side lot line (abutting Woodbine
Avenue) rather than the required setback of 4.57m (15') from the exterior side lot line,
on Lot 17, Registered Plan 58M-374, 4 Seabrook Drive, Kitchener, Ontario, BE
APPROVED, subject to the following condition:
That the owners shall remove 1 board from the top of that portion of the fence
located within 1.52m (5') of the lot line along Woodbine Avenue."
9. Fair/Exhibition Gaming Licence - K-W Oktoberfest
Council considered Corporate Services Department report CRPS-09-112 (P. Harris),
dated August 17, 2009.
It was resolved:
"That the City of Kitchener has no objection to a Provincial Lottery Licence being issued
to Kitchener-Waterloo Oktoberfest to hold a Fair or Exhibition Gaming Event from
October 9 to October 17, 2009 at Bingeman's Marshall Hall, 425 Bingemans Centre
Drive, Kitchener."
COUNCIL MINUTES
AUGUST 24, 2009 - 236 - CITY OF KITCHENER
COMMITTEE OF THE WHOLE
B. ADMINISTRATIVE REPORTS - (CONT'D)
10. Request for Reduced Fees - Ontario Intercollegiate Women's Fastpitch
Association
Council considered Corporate Services Department report CRPS-09-113 (P. Harris),
dated August 17, 2009.
Councillor J. Gazzola questioned if the equivalent of the reduced fee is to be returned to
the student athletes and he was advised that the reduction in licence fees is passed on
to the students by lessening the cost of the tournament.
It was resolved:
"That the licence fees for the 2009 Canadian University Fastpitch Championships from
October 9-12, 2009 at Peter Hallman Ball Yard be reduced to $41.60 for a Temporary
Vendor Licence and $24.80 for a Transient Photographer's Licence, provided all
approvals are obtained."
11. Request to Sell Refreshments -Westmount Neighbourhood Association -Argyle
Park
Council considered Corporate Services Department report CRPS-09-114 (P. Harris),
dated August 17, 2009.
It was resolved:
"That the request of the Westmount Neighbourhood Association to sell refreshments at
Argyle Park (between Earl St. & Belmont Ave. W.) on September 12, 2009 or
September 13, 2009 (rain date) be approved, provided the necessary licence, including
health approval is obtained."
12. Proposed Closure -Portion of Carisbrook Drive and Conveyance to Region of
Waterloo
Council considered Corporate Services Department report CRPS-09-116 (F. McCrea),
dated August 19, 2009.
It was resolved:
"That the closure of a portion of the public highway known as Carisbrook Drive in
Kitchener, comprising approximately 855.76 square feet, described as Part of
Carisbrook Drive, Registered Plan 577 being Part 4 on Reference Plan 58R-16588, be
approved in principle, and that Legal Services be instructed to proceed with the
preparation and advertising of a by-law to close that part of the public highway and
convey same to the Region of Waterloo, subject to any utility easements to be
determined; and,
That the portion of public highway known as Carisbrook Drive and described as Part of
Carisbrook Drive, Registered Plan 577 being Part 4 on Reference Plan 58R-16588, in
the City of Kitchener, be declared surplus to the City's needs for the purpose of
conveying same to the Region of Waterloo upon the closure of this portion of the public
highway; and,
That the City receive a conveyance from the Region of Waterloo of the lands described
as Part of Lot 59, German Company Tract and Part of Lot 6, Registered Plan 577 being
Part 3 on Reference Plan 58R-16588, in the City of Kitchener to be used for the
realignment of Carisbrook Drive at the Bridge Street and Lancaster Street roundabout;
and further,
COUNCIL MINUTES
AUGUST 24, 2009 - 237 - CITY OF KITCHENER
COMMITTEE OF THE WHOLE
B. ADMINISTRATIVE REPORTS - (CONT'D)
12. Proposed Closure -Portion of Carisbrook Drive and Conveyance to Region of
Waterloo (Cont'd)
That the Mayor and Clerk be authorized to execute any documentation in this regard
required by and to the satisfaction of the City Solicitor."
13. Employment Insurance Reform
Dealt with under Delegations.
14. 2010 Council and Standing Committee Schedule
Dealt with in conjunction with consideration of the Finance and Corporate Services
Committee report of this date.